affected. at least 41 have an outbreak. >> kind of sneeze a little. >> we're determined to take action. >> joe biden plans to meet with the national rifle association. >> the president advancing his agenda through executive order. >> the president can do anything if he wants to. the question is will he get away with it. >> the president's can natural takes place. jack lew will be nominated to replace tim geithner. >> and today a team of federal investigators are focusing on why a commuter ferry slammed into a manhattan peer. people were wounded, one critically. >> people were on the ground. >> there's been an explosion in greece claiming the car booming is related to the defense ministry. >> a dozen of killer whales are trapped under sea ice.

>> oscar nominations are out, "lincoln" leading with 12. >> barry bonds, roger clemmen, sammy sosa all face accusations of steroid use shut out by the baseball hall of fame. >> off the window to himself! >> turning on the channel right now. >> they clearly don't know the contact. >> all of that matters. >> hillary clinton made the first public comments after off a month dealing with a concussion and blood clot. >> i'm thrilled to be back. >> the president hosted a screening of 1600 penn with send tars who keep embarrassing the white house. as joe biden put it, why is everything looking? welcome to "cbs this morning." we begin with a dangerous turn in the nationwide flu outbreak. the mayor of boston just

declared a state of emergency in his city. >> 18 people across massachusetts have died in recent weeks because of a flu. michelle miller is outside massachusetts general hospital and joins us with the latest. michelle, good morning to you. >> good morning, charlie and gale. the hospital restricted visitors to certain floors like the ob-gyn department. they asked the staff to wear masks throughout the day. >> 41 states are currently seeing intense flu outbreaks. almost five weeks earlier than usual this year. the hare schflu season has hit the city of boston especially hard. >> today, am declaring a public health emergency, in the city of boston. >> the city has already seen 700 cases of the flu since object 1st and four flu-related deaths.

this, compared with only 70 cases at this time last year. dr. barbara ferrer is the executive director of the boston public health commission. >> the last two weeks alone we've doubled our number. so if we continue at this rate to see new cases we'll have an explosion of flu in the city of boston. >> i think it's very important to get the word out that the entire health care system is under strain. >> reporter: here at massachusetts general they're dealing with many of boston's new cases. the doctor said this has been the most significant surge in boston's flu in five years. >> we're seeing record-setting volume. 600 more patients in the month of december as compared to last year's december. >> in pennsylvania. lehigh valley hospital is treating hundreds of patients a day. tent the are set up to triage less severe cases. >> we need a full functioning

department for the community. this enables us to see the patients not as sick. so mild illness, mild injury. see them quickly and discharge them. >> reporter: back in massachusetts, dora said the flu hit her sunday like a rock. >> i'm weak tired, exhausted. just from doing all of the coughing. >> reporter: scientists recently discovered this year's vaccine is not protecting against the strain of the virus called influenza "b." but dr. bittinger said vaccination is still your best defense at preventing the flu. >> it's not too late to get the flu shot. i strongly encourage anyone who has not got the flu shot yet to get the flu shot soon. it would be a great idea. >> reporter: boston's mayor said there are three flu clinics open to the public all day long. charlie, gale. >> a car exploded in tel aviv

israel. the blast injured four people. police say it's not an act of terror they suspect it's an attempt to murder an alleged organized crime leader. sources tell cbs news that president obama is expected to plush a plan to reduce gun violence and will push it in the state of the union address. >> meanwhile they go into enemy territory today meeting with task forbes on the issue. the vice president is leading the push for new gun restrictions. bill, good morning to you. >> good morning to you, vice president buyten meats with sportsman and later today with the nra but he said the president could make these change bice executive order, although it's really not that much he can do. but he did give hope yesterday to supporters that change is coming. >> we're here today to deal with a immediate action urgent action. >> the vice president was

determined saying administration will act to reduce gun violence and point together new tragedy as a game-changer. >> it is awakened by violence in the country. >> we just came out of what we thought was a very productive and actually inspiring meeting. >> reporter: after the meeting gun supporters spoke for high expectations from the white house. >> they are looking at all of the well intended solutions that are out there and what opportunity do we have to save the most possible lives. >> reporter: the president wants to ban all highassault weapons. >> i think the easiest thing to get the military style weapons off the streets if assault weapons were not legal i believe there would be little boise and

girls alive in newtown connecticut today. >> reporter: some thing congress go further by requiring background checks for gun buyers and establishing a gun database. two things the national rifle association opposes. late last night they lashed out to the president and vice president in a radio interview. >> i think they're being disingenuous, they see this as an opportunity to go after the second amendment which they wanted to do for years and not decades. i think they're going to do everything they can to strip americans of their rights to keep and bear arms. >> reporter: nra president gave another interview which he said quote, the anti-second amendment crowd has its best shot in years to bass new gun restrictions but says the nra is prepared for a long an tough fight. so is the white house, though which is raising money for a new campaign to push gun regulation. >> thank you. in our next half hour we'll talk

with cnn host piers morgan. thousands of people signed a petition to have him deported due to his outspoken calls for stricter gun control laws. we're learning more about president obama's second term cabinet. the president will nominate jack lew to be secretary treasury. he used to be the budget drerkter. if lew is confirmed by the senate he'll replace timothy geithner. meanwhile labor secretary hilda solice said yesterday she's resign resigning. officials said a ferry just had an overhaul. jim axelrod is at the very terminal in lower manhattan, jim. >> reporter: good morning, commuter services returned to normal in lower manhattan today

after that accident. very involved. we have recent pictures of that ferry just taken. the investigation will continue in new jersey. as we say things back to normal in lower manhattan today. but the theme here at the docks yesterday took a troubling turn. the crash occurred while the catamaran was dodging after a routine crossing of the new york bay. >> what it did, it mitt hit the right side of the boat on the docks hard like a bomb. >> reporter: many of the vessel's 326 passengers had been standing in the aisles and waiting to disembark when the high-speed ferry slammed into the dock. the impact was so strong it shattered glass and threw score of people in the air. hurling them down stairs and crash them into walls. >> next thing i knew i opened my eyes and i was on the floor six

or ten feet away from where i was standing. i was trying to catch my breath because i couldn't breathe. i got the wind knocked out of me. >> reporter: at least 74 people were transported to hospitals in britain. at least seven of those with serious injuries. >> there was a lot of glass and metal that people were unfortunate to hit. i was one of the fortunate ones. >> reporter: officials said all five crew members were able to assist in the operation. the captain was a veteran ferry operator who has been with the company since 1997. >> jason has been with us a long time. but the national transportation safety board will be going over every edge of this. >> reporter: investigators will be looking into the record of the vessel itself which was refitted with a new propeller system last year to make it more fuel efficient. >> we're here to figure out what happened to prevent it from

happening again. that's why we're here. >> reporter: right after the accident, all five crew members tested, alcohol determined not to be a factor in the crash yesterday. all five crew members will also be interviewed a little later today by investigators to who continue to try to piece together exactly what happened here. charlie. >> tim, thank you. in washington hamid karzai meets with leon panetta. they meet at the white house where officials say they may pull all troops out of afghanistan by next year. joining us military analyst. good morning. >> give us assessment of your option. no american troops after the withdrawal at 2014. >> i think that would be an option that would probably lead to an afghan government under

pressure from taliban, perhaps, al qaeda. you know the world in a vacuum i think that would start to leave a vacuum by the government to be filled by taliban for sure and result in afghanistan that is found before the turn of the century. >> you would recommend against it? >> if i were still in office yes, i would. i think there's potential in afghanistan to make the place a lot more secure with the afghan forces but it will take more time than we have currently. >> why do you think the white house may see it differently? >> i think part of it is there's always a tension between getting afghans to take responsibility for their own actions, and making sure they're doing all they can and not overly relying on u.s. and allied forces. i think part of what we're seeing is playing out probably in the media here is to put some pressure on the karzai

government to be realistic about their expectations and make sure afghans are doing all they can to ensure their own security. >> what might come out of the karzai visit? >> i hope one of the things that would come out of it is some sort of agreement on what status forces agreement might come out of talks. because that was a step that failed in iraq and why we had to pull our troops all of our troops out of iraq because we could never agree on legal status of u.s. troops in iraq. i think if you talk to iraqi leadership today, they regret they were not able to come to some port of agreement with the united states on that. i would hope that at least part of what they talked about is the status of forces and who has the legal jurisdiction over the u.s. forces that are left behind. >> so you hope what happens, didn't happen in iraq would happen in afghanistan. >> i think it's essential, if we have any presence past 2014 and if there's going to be that

kind of help that's going to be given to the afghan government. >> and the issue of al qaeda, there's a lot of talk now, that in mali you're having a stronger and stronger presence. that's alarming. >> it's alarming for a long time. this is something we worried about jim jones, who was in the supreme allied commander in europe and i talked about this a lot. it's i have disturbing that they've gotten to the point that they have. mali was a peaceful nation they've got a tradition of resolving conflict through dialogue and negotiation. and that's all been turned on its head now with the al qaeda affiliates working in that part of the world. >> it seems to me it's something that we should take action on actually. >> speaking -- action? >> well this is -- mali does not have the resources to deal with this themselves. so whether it's an african

force, whether it's a u.n. force. somebody needs to pay attention to this. a once peaceful people have been totally -- their lives have been totally turned upside-down. somebody should take action and not just stand by and watch another country fall to extremist views. >> thank you very much. the baseball hall of fame introduced new members. they sent this chilling message. >> they accused playersrejected players suspected of using steroids. >> for the first time in years, they did not elect anyone in cooperstown. >> reporter: making that remarkable. two of the year's all-time greats barry bonds and roger clemens were shut out. >> when i found out they weren't elected, i was stunned. i was stunned. >> reporter: bill rhoden is a

sports columnist for "the new york times." >> i saw he's guys generational superstars. 20s, 30s, 40s, 50s, these guys great. >> reporter: others call them cheaters tied to the steroid era although neither player was ever proven to use performance-enhancing drugs but the hall of fame voters had a clear message to players of that era. not only did they resoundingly reject bonds and clemens but sammy sosa too. >> these guys and women took it upon themselves to do what the court system could not do. punish them. that's complete nonsense. >> reporter: bonds and clemens fell far short of the 75% vote needed. bonds receiving 36 point 2 percent and clemens 37 point 6 percent and society sa a meager 12 point 5 percent. the job of the guy voting for

the hall of fame is basically look at numbers. who is worthy? if not to bring my personal prejudice goo the voting. >> clemens reacting by thanking his fans and friends on his twitter page saying to those who took the time to look at the facts, we very much appreciate it. all three players will get another shot at baseball immortality next year but if this year's vote is any indication, they will need a dramatic shift in attitude to have a chance. for "cbs this morning" bill whit whitaker los angeles. the redskins are under fire to change their name. saying it is a racial slur. the redskins resisted the name but the mayor said they may have to find a new name first. the fda is considering more

control on vicodin. the cdc said prescription painkiller abuse reached epidemic proportions. penn state coach is expected in court today. sandusky sandusky's lawyers argue he desave new trial because they were not prepared. and the "chicago sun-times" says the coroner wants to exhume the body of a lottery winner to determine how he was poisoned. he died a month later. tests revealed recently that he died from cyanide poisoning, police interviewed his widow who hold police she's cooperating. she told police she loved her husband, and had nothing to do thank you, gayle. let's take a live look now at

conditions, dry skies across the bay area and inland. but let's look at hi-def doppler. still tracking some very light scattered showers still mainly over the coast and over the santa cruz mountains. still even seeing a chance of snow one to two inches possible, mainly above 2,000 feet. you can see a little pinkish white near boulder creek. temperatures this afternoon only climbing to the upper 40s to low 50s. >> announcer: this national weather report sponsored by aig, a leading global insheerer based here in america. bring on tomorrow.

talk show host piers morgan faces gun supporters head on. >> how much longer before you say we want less guns but more. >> the push to have him deport and if television coverage is bringing attention to the wrong people. and the video is spectacular and scary. a dozen killer whales trapped in the ice fighting for a single air hole. what's being done to get them out of there on "cbs this morning." >> announcer: this portion of "cbs this morning" sponsored by naturemade full strength minis. gth minis. multivitamin softgels, 36% smaller, just one per day.

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>> your realtime captioner: linda marie macdonald captions by: caption colorado comments@captioncolorado.com good morning, 7:26 your time. i'm frank mallicoat. we'll get you caught up with some bay area headlines now. a former death row inmate could be going back. dennis stanworth is under arrest in vallejo. he called police to tell them he had killed his mother. castro valley man is due in court on drug charges today. he was arrested after a probation check turned up this guy. 34 pounds of pot and that five- foot alligator was guarding it. some expensive vandalism at san jose city hall. somebody threw some rocks and some bottles at windows that cost $12,000 to replace. right now, they don't have any suspects. traffic and weather coming up right after the break.

good morning. we are monitoring some breaking news out of vallejo right now. a big rig accident, where a big rig went down an embankment. this is video we took earlier from one of our photographers. this is at highway 37 at sonoma boulevard near the 80 connector. again that big rig went down the embankment. they shut down connectors from 80 and 37 and sonoma boulevard is shut down, as well. >> amazing video. thank you, gianna. let's go outside now live towards the dublin-pleasanton area where we are seeing blue skies but don't be fooled. it is cold. and our hi-def doppler continues to pick up some very scattered light showers mainly over the coast. we saw some snow a little earlier in the santa cruz mountains, light dusting in the highest elevations.

you know what was on earlier tonight, ladies and gentlemen, like i need to tell you here on cbs live was the annual cbs people's award show. how about that. i was nominated, and, darn i was defeated in my category by brent muss burger. the category was creepiest old guy. darn. >> you knew a joke was coming there. welcome back to "cbs this morning." the vice president's task force on gun violence considers new gun control laws. a prominent tv figure finds himself at the heart of the controversy. >> it's lit a firestorm. gun enthusiasts are trying to force him out of the united states and the white house is weighing in. >> let me just challenge you on that. >> reporter: piers morgan's

crusade against gun violence in america has been since before sandy hook. after july's shooting in aurora he said the time for debate had passed. >> i'll tell you the date of the debate. it would have been yesterday to prevent this happening. >> reporter: but it was last month's massacre in newtown when morgan's outrage boiled over. >> how many more people have to die before you guys say we want less guns not more. >> reporter: the cnn's host from bryn refused to contain his anger. >> i honestly don't understand why you would rather have victims be victim of a crime than be able to defend themselves. it's incomprehensible. >> you're an unbelievably stupid man, aren't you? >> reporter: they cried for morgan's deportation. more than 100 thousand signed on. the white house signed on tuesday saying no one should be punished by the government simply because he or she expressed a view on the second

amendment. all this week morgan has begun his show before large "guns in america" banner fully taking on the divisive issue anywhere more fully than face to face with the talk show host who calls for deportation. >> i'm here to tell you. 1776 will commence again if you try to take our firearms. doesn't matter how many beg to take them. we will not relinquish them do you understand. >> how many gun bans were there in britain last year? >> how many chimpanzees can dance on a head of a pin? i already went over the answer. >> do you know the answer. >> i don't know. very low. >> you said hundreds. >> yes. >> you said 35. >> the point is. >> it's 11,000. do you understand -- >> yeah. england wants to ban knives now. >> it's clear morgan is ready for a long battle. >> piers morgan now joins us

here in studio 57. welcome. >> thank you for having me. it's delightful the setup here. i'd expect nothing else. >> what have you accomplished? >> i think the main thing is normally after the massacres -- i joined -- as gayle said earlier, i joined cnn a week after gabby giffords was shot in the head. i couldn't believe coming from a country with gun control, the re, a was like a week of mourning for the six who died and gabby giffords who, thank goodness lived, and they moved on. there's been massacre after massacre. the tipping point was sandy hook. know what's going to happen here. there'll be a week of mourning a week of gun control, the nra and lobbyists will get sbiend behind -- they'll have the debate. more guns will be sold as they were in december. more ammunition will be told and so this terrible spiral goes on.

what we've done by keeping the agenda that we have this week is we've made sure this hasn't gone away, and that's the crucial thing that and do you believe by having conversations or debate like you did with alex jones that that exposes what? >> i think it exposes reality of how sections of americans feel about this debate and what they try and do is they try to frame anybody who wants more gun control. they're attacking the constitution attacking the second amendment. you're not going to grab my guns. that is not what this is about. i don't want to take an american's right away to defend himself or hers or their family. that's a sacred right to americans. i understand that and respect that. but u what i do want to do is a three-fold thing. i want to get these guns off the streets. we have civilians killing themselves. you have the home in aurora with 100 bullet magazines.

capable of mass murder in a minute. it's senseless. >> someone says when you have someone that extreme on it diffuses the debate because it got so out of control so quickly. what it did do is trended widely on twitter for 48 hours. that means it had a lot of eye balls. the youtube clip has been seen 5 million times. this debate must be heard loud and clear so that the gults against gun control are laid to bear which in my view is a dangerous farce. >> what do you think of the white house's issue to deportation? >> obviously i woke up. the president wants me to stay in america. it's bad news for the americans, good news for the brits. >> if they didn't change the gun law, you might go back. >> i have a young family. like anyone with a young family you're looking at all these things. my daughter is 1 year's old.

when she goes to an elementary school in possibly three years, do i feel secure? this is half an hour from connecticut. i decided, no i'm going to make a stand on it. it's not going to make me popular with some people but i also found a little support. i think a lot of americans after sandy hook think enough. i think the president shares that view. i think you have to get rid of the assault weapons, get rid of the high-capacity magazines, get more mental health and the nra has got to stand up. >> what is your passion for this come from? >> 1996 in dunblane scotland 15, 16 children were murdered in their classroom. britain rose up in horror. it wasn't a political issue at all. that's why i'm amazed it's here. the left and right came together, the government came together and draconian gun laws were brought in.

complete ban on handguns, assault weapons. they were removed from the streets. since then there's been two mass shootings. that's it in 16 17 years. and britain has on average between 30 and 45 gun murders a year ever since. americans same period every year, 11,000 12,000 people are murdered. 18,000 take their lives with guns and 100,000 americans are hit by gunfire every year. this is like the wild west and i just don't believe that the majority of decent civilized americans do not share my view that something has to give. >> good to have you here. >> it's good to be here. thank you. as president obama reveals his cabinet, some people are asking where's his diversity. it shows the president surrounded by white men. we ask elaine chao if she thinks

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we are focused on continuing our work finishing up everything we can, and helping senator kerry with his transition. >> secretary of state hillary clinton spoke yesterday about handing the reins to john kerry. hilda solis announced she plans to resign. out of five female cabinet members that leaves only three to stay on. so far the nominees for his top-level positions are white men and he's billion criticized for that. with us now is elaine chao who was george w. bush's press

secretary. good morning. >> good morning. >> is it deserved? >> with americans so deserved with 42% of our population being of color i think for this president, it is especially -- it's especially noteworthy. you know it was 1933 when the first female was appointed to the u.s. cabinet and that was frances perkins. in fact, for eight years when i was secretary of labor i worked in the building that bore her name and it was 15 years before another female secretary of labor was appointed when andrea mclawful lynn was appointed in 1987. carla hills was the hud secretary in 1975. so it's been a long journey, and i think given today's environment, given that, again, 42% of our population is diverse, we should have a cabinet that looks like america. >> so every administration doesn't have enough diversity in

it. >> i'm kind of quite surprised at that because with this president with his particular history and given all the campaign rhetoric about diversity and the female voter. >> let me bring up what the president's spokesperson said, jay carney. he said the president is choosing the best candidate available for the job. >> i'm shocked at that statement. you know that's kind of a statement that was an excuse that was commonly used 20 25 years ago. we're not talking about special treatment. we're talking about going out and finding the most qualified people where over 50% of the population are women, and we have tens of millions of americans who are people of color. >> so your message to the president is? >> i think he can do better. with every administration. regardless of which administration it is. we hope that we have a more diverse cabinet, that again, reflects america. our population is now 17%

latino/hispanic merges, 14% african-americans, 15% asian-americans, 5% native americans. >> thank you. >> again, we're talking about merit and we're talking about finding the best people possible with a diverse background. >> all right. secretary chao thanks so much for joining us this morning. it's 7:45 now. time now for your local weather.

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he'll find ♪ who♪ e w meaning. a race for survival is going on in canada's frozen north. about a dozen killer whales are trapped under the ice along the eastern shore of the hudson bay, far from any possible help.

as terrell brown reports, video shows the huge animals are struggling to breathe. >> reporter: in the frozen waters off the coast of quebec an orca pod is lost. they're sharing a small breathing hole about the size of a pickup truck. the frequency i they're coming up for air shows they're panicking. the images have caught the eye of local officials. they're now asking the canadian government to intervene. a spokes woman for canada's department of fisheries and oceans said it's not unusual, but gets attention as videos like these go viral. >> but with the social media, it's just another tool to be more aware of what happens. >> reporter: the scene is almost reminiscent of a similar situation almost 25 years ago when the world turned their eyes to northern alaska as they were able to free three california gray whales trapped in sea ice for 20 days.

in order to rescue these whales an ice breaker will have to clear a path to open water. local residents have been traveling an who are -- on hour on snowmobiles to see the whale of a tale for themselves hoping this family gets the help it needs. for "cbs this morning," terrell brown, new york. we have some great news a short time ago a local official reported that the sea ice around the whales shifted overnight. that may have allowed the whales to swim to safety. they have not been seen this morning. don't we love when that happens? >> god came to save the whales. >> yeah, at the right time. there's a new study about sweet drinks and depression. that's ahead on "cbs this morning." portion of "cbs this morning" brought to you by party city. get everything for your party.

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a car that's driving itself around a california racetrack at 70 miles an hour. we'll show you research that's testing the limits of wha

right now.. emergency crews >> your realtime captioner: linda marie macdonald good morning, it's 7:56. i'm michelle griego. right now, emergency crews remain on the scene of a fiery big rig crash in vallejo. this is a live look right now from chopper 5. the california highway patrol says the truck crashed through an overpass guardrail on highway 37 and landed on highway 29 be. crews are still out there. witnesses say there was an explosion. the truck driver was reportedly taken to a hospital. his condition unknown at this time. in just a moment, gianna is going to have the latest on road and ramp closures in the area. there's a dusting of snow in the higher elevations of the bay area this morning. this is a look at the santa cruz mountains just a short time ago near highways 9 and 35. at this point there's no word of restrictions on mount hamilton road in the east san jose foothills. >> stay with us. traffic and weather in just a moment.

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good morning. let's go back out to live pictures in vallejo of chopper 5. as michelle said, this big rig accident causing quite a mess and closures on 37 at sonoma boulevard so avoid the area if you can. connectors from 29 to 37 are shut. in fact, this is video we took earlier at one point this big rig fully engulfed. so they have quite a mess here to clean up. so again, on the freeways, 37, 29, 80 connectors to west 37 closed. elizabeth? >> thank you, gianna. our hi-def doppler continues to show very scattered light showers still moving in mainly along the coast moving southeast. and we could see some snow. one to two inches possible above 2,000 feet. temperatures cold this morning. only climbing to the upper 40s to low 50s.

it's 8:00 it's 8:00 a.m. welcome back to "cbs this morning." two major car makers show off new technologies that make drivers obsolete. we'll go for a ride in one of the first driverless cars and we'll bring you this year's oscar nominations featuring oscar host seth mcfarland. the academy is starting the party earlier than ever. first, here's a look at today's eye opener at 8:00. the hospital has restricted the number of visitors to protect the most vulnerable patients. >> the dangerous turn in the nationwide flu outbreak. the mayor of boston declared a state of emergency. >> we've seen 600 more patients this december than last year. >> the nra is prepared for a long and tough fight. so is the white house. >> president obama is likely to reveal new ideas next week to

reduce gun violence. >> massacre after massacre and something has to give. i think that the tipping point was sandy hook. >> all five crew members were tested. alcohol determined not to be a factor in the crash. >> it hit the right side of the boat on the dock part like a bomb. >> when i found out that they weren't elected, i was stunned. >> as president obama reveals his cabinet, some people are asking where's the diversity. >> i think we can do better. >> we got great news that the whales around the ice may have allowed them to swim to safety. they have not been seen this morning. >> delightful. expect nothing else. >> it's being reported that apple may be making a less expensive version of their iphone. yeah. they're calling it a samsung. i'm charlie rose with gayle king. norah o'donnell is on assignment. the nationwide flu outbreak is

getting worse in the hard-hit city of boston. the mayor's declared a public health emergency and is opening flu clinics to everyone. >> nationwide 41 states now report an infant flu outbreak. in massachusetts alone there have been 18 flu-related deaths. health officials say this year's flu season which started early is straining the system. at the white house joe biden's task force meets with gun rights supporters including the nra. meanwhile, testimony is over at a pre-trial hearing for the colorado theater massacre. the judge will announce if james holmes should go on trial for the killing of is it people. as manuel bojorquez reports, they have photos of people. >> reporter: six hours before the shooting james holmes took photos of himself. in one he's holding a gun just below his head. he's grinning. he wore black contact lenses. his hair died now that familiar

bizarre shade of orange. in another he's sticking out his tongue. it's his only visible reaction of the three-day hearing, a smile. yousuf garvey was involved in the shooting. >> what about the pictures makes you feel that way? >> the smiles. they say it all. the smiles. >> reporter: police said holmes' cell phone also contained photographs of the movie theater taken about a month before the shooting. they include a photograph of the exit door officers say holmes propped open so he could retrieve wep fons from his car. prosecutors said holmes picked the perfect place for this crime. he didn't care who he killed or how many he killed because he wanted to kill them all. the defense did not call any witnesses. attorney daniel king told the judge this is neither the proper venue nor time to put on a show. the likelihood of an insanity

defense outraged tom teaves whose son alexander was killed in the shooting. >> we want to call him crazy because we we wants to make that feel better? our society but we have to accept the fact that there's evil people in our society that enjoy killing any type of living thing, but that doesn't make them crazy. >> reporter: the judge may allow cameras at tomorrow's hearing. that would give the public its first glimpse of holmes in court since that dazed appearance in july. for "cbs this morning," manuel bojorquez, centennial colorado. shorter lives and poor health. the news is troubling for americans under the age of 50. charlie, we're safe. according to the institute of medicine and national research council -- we're both over the age of 50 -- younger americans die than older people. >> speak for yourself. >> that statistic drags down the

overall life expectancy. american men ranked last in the 17 countries. women, by the way, were second to the last. there are some rare items that survived nearly a century. a photographer recently bought an antique camera. inside he found negatives of eight photos from world war i taken in france. one of the photos showed soldiers holding up a large bomb. another one showed soldiers inspecting the remains of a plane. cameras will be clicking today as president obama nominates white house chief of staff jack lew to be his secretary of the treasury. however, as major garrett reports, there is controversy even before lieu officially signs on. major, good morning to you. i like this story. >> good morning, charlie and gayle. you know typically and understandably when the question arises about a cabinet appointee, a nominee, the biggest question is who is it? well, now, believe it or not, the biggest question with jack lew and his signature is what is it? coming to a dollar bill near

you, this parody of a signature. it belongs to white house chief of staff jack lew, president obama's nominee as secretary of the treasury. the agency responsible for printing america's green backs which would carry lieu's signature already -- lew's signature. >> can you describe this row of warped curly cues a a signature. handwriting expert does not. >> it's a scribble. they put a lot of barriers to transparency. they don't want people to know who they are. >> reporter: washington knows who lew is. budget director under president's clinton and obama and the calmest, most organized of president obama's three chief of staff. lew is in line to replace tim geithner geithner. geithner had this clumsy indecipherable stroke to this legibly squeezed substitute.

previous secretaries penned readable signatures. geithner told them last spring india is to blame. >> i took handwriting in third grade in new delhi, india. i probably did not get the best signature. >> no one knows if lew wants to take his signature to rewrite. it's hard to know where to begin. >> jack lew has a symbolic squiggly signature. if he cares about his legacy if he cares that people can read his handwriting, he'll adjust his handwriting and be more transparent. >> the white house won't say whether or not lew will work on his penmanship. they say it's easy to forge. not a comforting thought when you think about a treasury secretary. if you're thinking, well, my signature has issues of its own. nobody has asked me to be treasury secretary and definitely never will. >> thank you, major. what's interesting about this is why does he sign his name that

way? >> i don't know, charlie. i was trying to figure out which is the j, which is the "a." you can't tell. do you think he'll change we drink coffee in the we drink coffee in the morning to help us wake up. did you know that coffee might also fight off depression? we'll show you how many cups you may need to stay happy next. and tomorrow cbs news investigates an outbreak of

legion nars disease y. would they imply that veterans families are to blame? that's tomorrow morning. >> announcer: this morning easy opener at k78 is brought to you by sponsor with an eye o >> announcer: this morning's eye opener at 8:00 is brought to you by this morning's sponsor. i had no idea it came from chickenpox. it's something you never want to encounter. for more of the inside story visit shinglesinfo.com

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auto companies say in the auto companies say in the future we will not be driving our cars the computers will. huh? we'll take you along in a ride in a cutting edge driverless car designed to make our roads, they say safer, by reducing human error. first dr. holly phillips has new information about the effects coffee and soda can have on your mood. good morning. today in "healthwatch", drinks and depression. a new study finds drinking sweetened beverages may increase your risk of depression while drinking coffee may lower it. researchers looked at more than 260,000 people and evaluated their consumption of soda tea, fruit punch, an coffee for a

year. ten years later they asked the participants if they had been diagnosed with depression during that time. people who drank more than 4 cans of soda a day were 30% more likely to develop depression than those who didn't drink any, and the risk was even higher for diet soda. on the flip side, people who drank four cups of coffee a day were 10% less likely to develop depression than non-coffee drinkers. the study didn't establish why the beverages have this effect but it's not the first of its kind to find these links. while cutting down on sweetened drinks may naturally lower depression and improve your overall health it's too soon to prescribe coffee as an anti-depressant. too much caffeine may lead to sleep disorders. when it comes to our mood we are what we drink. i'm dr. holly phillips. >> announcer: "cbs healthwatch" sponsored by campbell's healthy

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this might be what? well i'm wearing it. >> hello. >> just throw it in here. i'm going to go. >> throw it in there? >> yeah, i'm going to go. thank you. >> ohhh. >> are you serious? >> look the at reaction. the reactions are priceless. fast food workers spoofed when a car drives up to the window with no driver. it's a prank by a ma jish shan named rihad. welcome back to "cbs this morning." the thing about that video is as the crew pointed out, it doesn't make sense because ghosts don't eat burgers. >> they eat none. this year's consumer electronics show is unveiling its driverless technology. john blackstone takes us for a

ride. >> reporter: the audi tts racing around a california track has a powerful engine under the hood and nobody at all behind the wheel. it's not operated by remote control, it really is driving itself. chris gerdes and his stanford university engineering team equipped the car they call shelly with a powerful computer a precise gps system and a big red button that tells the car to take us for a ride. >> whoa, off we go. >> off we go. there's a pit road speed limit we all observe. >> okay. >> as soon as we're out here on the track, we're free to run. >> whoa. making this clear, your hands are free from the wheel. >> my hands are free from the whooel in case anything goes wrong. >> reporter: on a track still damp from a rainstorm, shelly drove as fast as she could slowing just enough to make it around the hair pin turns. >> the speedometer says 70 miles an hour.

i realize i'm putting my life in the hands of technology that doesn't have hands. and my stomach, don't ask. >> reporter: without humans inside the car, gerdes and his team have let it run wild reaching 130 miles an hour on utah's salt flats. it raced up the steep switch backs of pike's peak all by itself. >> so you studied how race car drivers would do this and taught the car to do that. >> it's a very big part of this project is understanding how the very best drivers control the car. >> by monitoring brain activity gerdes and his team get inside the mind of race car driver and track owner david bodden. >> we operate a a deep level. >> get the front wheels to bite. go go. >> gerdes is trying to build boddes's deep reflexes into the

road. >> if they steal enough stuff from their brain they can teach a dputer to drive as well as a human can drive? >> they're taking everything i've got and when it's all done they're going to be better than i am and probably most others. if we save young people's lives who drive cars that would be awesome. >> in order to be accepted these cars should drive as well as the best human drivers. >> reporter: in the past couple of years, cars that drive themselves from gone from futuristic dream to reality. google is operating a test fleet that has surpassed 300,000 road miles without incident. >> look mom, no hands. >> reporter: legislators have made the cars street legal in nevada, florida, california. it promises to bring safer roads and lower insurance rates says insurance analyst donald blithe. >> if you get 70 80 90% of all the cars on the road to be driverless, the need for insurance goes way down because the number of accidents go way down. premiums could fall 80 to 90%.

there would be very substantial savings for the consumer. >> with less than 33,000 fatalities in 2011 traffic-related deaths have declined to their lowest point since 1949 but today over 90% of auto accidents are caused by driver error. so the sooner we get driver's hands off the wheel, the safer our roads are likely to be. >> some of the manufacturers are talking about cars in the 2015 time frame that will drive for themselves if you're stuck in a traffic jam on a freeway. so i think we're seeing the first instances of this technology not too many years away. >> jieksyikes! wow. >> reporter: still, take it from me, it takes a leap of faith to leave the driving up to the car. john blackstone willows, california. >> you cannot stop the future. i love the idea of automatic pilot, putting your car on automatic pilot so if you want to go to sleep you can take

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>> your realtime captioner: linda marie macdonald. good morning. 8:25 your time. in the headlines, a truck drove off state highway 37 in vallejo this morning causing a big fire that snarled the morning commute. looks like another vehicle was involved in the crash. both drivers have been taken to the hospital. gianna franco will have an update on the roads in a few minutes. in less than two hours from now, governor brown will give us the details of his nudge plan. -- budget plan. there will be more money for schools because voters approved tax increases. the budget deficit is cut from $25 billion down to $2 billion. and we're seeing snow falling in parts of the bay area. how about that? a light dusting in the santa cruz mountains near highways 9 and 35.

traffic and weather coming right up.

good morning from the traffic center. let's get you updated on this trouble spot on 37. the closures are still in effect and chp says this will be the case at least until 9:30 this morning. so west 37 at highway 29 is where this big rig accident is. the connector ramps from 37 westbound as well as both directions from 80 are shut down in the meantime. so use an alternate, avoid the

area if you can. you might see some delays around the area, as well. let's get a live look at -- or let's go to video here -- or live, rather. you're looking at the grapevine in southern california so travelers just a heads up the grapevine is closed for snow. they are having troubles with accidents there this morning so if you are traveling to southern california, just a heads up. over to you, liz. >> all right. thank you, gianna. for the most of us waking up across the bay area, waking up to dry sky, cool breezy conditions. here's a live look over mount diablo. you can see the clouds there in the distance. our hi-def doppler still picking up some moisture but a lot is kind of fading out as we speak moving southeast just seeing a few scattered showers along the coast. we did get a dusting of snow up in the santa cruz mountains. temperatures in the 40s and 50s. freeze warnings in effect overnight. a

there's a new substance that we are all hooked on. >> dr. william davis says a loaf of bread is just as addictive as bread. >> it's addictive. plain and simple it increases appetite. you can't help yourself. you want one, you want more. >> that's right. [ rapping ] today's wheat is the primo [ bleep ]. it's not like that [ bleep ] toast your uncle buttered back at woodstock. >> creative and smart. >> that's right. "cbs this morning." stephen colbert, we like it. welcome back to "cbs this morning." time to show you headlines from around the world. "wall street journal" looks at mortgage rules designed to ensure that barroworrowers can pay

their loans. risky loans will be against the rules. >> new pap tests can be used to detect cancers of the uterus and ovaries. it's only used to detect cervical cancer. researchers say a three-disease test is still years away. britain's daily mail says prince william's and catherine's future child will be called a prince or princess. the queen overruled. they'll use two bibles at his public swearing in on january 21st which is also martin luther king day. the inauguration is days away. cbs news has gotten a look at

one big event, the inaugural luncheon. jan is inside. good morning. >> reporter: good morning, charlie. i think we could safely say this is the most exclusive meal in town. it's only once every four years. look at the list. in other words, the real big shots. and they're all going to gather in this historic room for a lunch like none other. it's a tradition that goes back 60 years after the president delivers his inaugural address. >> ask not what your country can do for you. ask what you can do for your country. >> reporter: he walked inside the capital for a formal lunch where leaders for both parties toast the new administration. in 1981 president reagan used it to announce major news the release of american hostages in iran. >> some 30 minutes ago the

planes bearing our prisoners left iranian airspace and are now free on their land. >> reporter: since 1953 the convenient has been held in stataire hall where the house of representatives used to meet. >> when you wanted to come to meet members of your con state units in congress, this is where you came very it's not only majestic. it's vent. from the front desk of the capitol where the president takes the oath it's a quick right down the hall. now it's a bit more elaborate and lodge issiclygistically challenge. four years ago he created a mobile kitchen, protecting the historic structure of the capitol while taking security into account. >> if we don't get in the food doesn't get in so they work to allow everything to come in. >> reporter: schaefer and his

team have worked for months to refine the menu. >> the dish of the inauguration is america na. the food of today. we want to take what all of us know as american cuisine. >> reporter: norts in other words he's not taking hot dogs and pizza but food from across the country. tell us what you have. >> clam sauce and bison. >> reporter: the ingredients are from american farms. and there have been created healthier recipes. >> i think the biggest thing is if you approve. i have a fork and spoon if you approve. >> i'm game for that. we have light clam chowder. it's vegbling. >> carrots, cellry baby

spinach. >> delicious. i suspect the first i suspect the first lady will approve. >> i certainly hope so. >> reporter: there also will be wine all from new york state, the home state of senator chuck schumer who's chairing the inaugural committee and this luncheon. but the record should reflect i did not sample any of that wine unfortunately. but even though selections from new york state, that is all part of this effort to showcase american products american agriculture, when the leaders of the three branches come together to toast the new administration. >> so jan crawford from the romney campaign to tasting food? >> reporter: not a bad transition huh? >> jan crawford, you look great. it's good to see you. thank you. >> reporter: thank you. great to be back. there are a lot of surprises this morning in the oscar nominations, starting with the way they announced them. lots of unexpected choices, too. we'll show you the nominees in all the top categories when

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we're about to show you the nominees and there are some huge surprises for the 85th academy awards. they were announced a short time ago by emma stone and seth macfarlane, the first host to announce the nomination since charlton heston. >> let's go for the announcement in beverly hills, california. >> hi, there. good morning. i'm seth macfarlane, the host of the oscars. if you don't know who i am just pretend i'm donny osmond. it's a great honor to be here to announce the nominees.

i'm not sure why we don't wait till noon to do this. but i want to congratulate today's nominees and also to congratulate those who weren't nominated. you can stop doing interviews where you pretend that you had such a great time making the movie. and here to help me out, since there's nothing creepier than a guy standing by himself in hollywood at 5:00 in the morning is the lovely and talented ms. emma stone. [ applause ] >> thank you, seth. >> emma stone is the star of the new film "gangster squad." i'm sure you're the star. >> keep reading. >> the star of the new film "gangster squad" and is one of the brightest talents of her generation. some say she's better than meryl streep. who says that? >> i don't know, nobody. a lot of people.

let's read the nominees. nominees will be read in know particular order. >> for best performance by an actor in a supporting role the nominees are christoph waltz in "jamgle unchained. philip seymour hoffman in the masser. robert dinero in "silver linings play bood." alan arkin in "ar go." he has won before. and tommy lee jones in "lincoln," he's won before. >> breath of fresh air in that category. for best original song the nominees are "before my time" from chasing ice, music and lyrics by jay ralph. "pi's lull buy." "suddenly" from ""les

miserables." "everybody need as best friend" from "ted." and skyfall from "skyfall," music and lyric by adele adkins and paul epworth. >> these kind of cool. i got nominated. i guess i get to go to the oscars. >> yes. the mtv awards once gave michael jackson a lifetime achievement award just so he'd show up. i'm not saying that's what's happening today but i kind of am. >> all right. the 2012 nominees for best performance by an actress in a supporting role are sally field in "lincoln," anne hathaway in ""les miserables"" jacky weaver. helen hunt in "the sessions" and amy adams in "the master." congratulations. you five ladies no longer have to pretend to be attracted to

harvey weinstein. >> for best animated feature film, the nominees are frankenweenie, tim burton "the pirates:band of mitt fits." wreck-it ralph, paramor and "brave." >> for best foreign language film nominees are from austria "amore "amore." from chile, "no. ". >> from canada "war which." >> from denmark, "a royal affair." >> and from norway "kon-tiki." i read "amore" was co-produced in austria and germany. the last time they got together and co-produced something it was hitler but this is much better.

highly recommended. >> so much better. >> for adapted screenplay we have lucy ail a bar. christer owe for "argo ts. and david mcgee for "life of pi pi,". >> these are adapted screen writers so basically they copped it from microsoft word and pasted it into a draft. for best original screenplay, the nominees are john gaten for "flight," mark boal for "zero dark thirty," quentin tarantino for dayne go unchained. michael han e key for amore and wes anderson and cope la for kingdom moon rise.

for best director david ochlt russell for silver linings playbook. ang lee for life of pi. steven spiel bank of america for lincoln. michael han e key for more and behn zeitlin for beast of the southern wild. these are the five people who are very best at sitting in a chair watching other people making a move. >> the nominees for best performance by an actor in a leading role are daniel day-lewis in "lincoln," denzel washington in "flight," hugh jackman in ""les miserables,"" bradley cooper in "silver linings playbook," and joaquin phoenix in "the master." just a little fun fact for you. denzel's character was actually as drunk as half of the people who are up at this hour. >> nice. guilty. for best performance by an actress in a leading role the

nominees are naomi watts in "the impossible," jessica chastain in "zero dark thirty," jennifer lawrence in "silver linings playbook," imam quell reva in "amore." the beast of the southern wild. at 85 emmanuelle riva is the oldest best actress nominee in oscar history. and she's the youngest ever. she's 9. finally we are pleased to announce the best picture are "beast of the southern wild,". >> "silver linings playbook,". >> "zero dark thirty," mark boal kathryn bigelow and megan ellison, producers. >> "lincoln" steven spielberg and katharine kennedy,

producers. "les miserables." >> "life of pi." >> "amore." nominees to be determined. >> django unchanged. stacy share, reginald hudland. >> and "argo,". >> "argo" has been nominated. somebody tell cranston he can unclench his teeth now. please join us at the oscars sunday, february 24th to find out who will take home the oscars. >> congratulations to all the nominees. >> wow, michael. where to begin. oh, my gosh. >> director slot. that's really interesting. >> there was a behn but not ben affleck. >> behn zeitlin, "beast of the southern wild," which is the

little movie that could. nobody had idea idea what the heck the movie was about and immediately after they said you've about got to see this movie. it's been rolling since then but i think it's exceeded my hopes for that film which i love. he's nominated for best a best actress who had never acted before. >> no kathryn bigelow. >> no kathryn bigelow, no ben affleck, that's really a huge pair of surprises. and tom hooper not as surprising but also very, very disappointed. >> he was just nominated for the director's gild. >> he had a rough road. golden globe he was out. this is a very surprising list. >> why do you suppose that is both beg low and ben affleck were not nominated. >> i think that the controversy surrounding "zero dark thirty" has been really damaging the notion that this is a film that's easy on terrorism is not something that's going to go

down well with the membership of the academy. this is a pretty liberal group. this is a group that was not very pro george w. bush but i think also the film is long and slightly odd and it's offbeat, so people may just not have loved it. >> lincoln got the most nominations? >> yeah. "lincoln" came in with 12 which is not surprising. >> and that makes steven spielberg best movie and best picture. odds-on favorite or not? >> i would say so. life of pi has really nobody to be nominated for acting. so sally field, tommy lee jones, daniel day-lewis, those are three nominations for -- >> who it be the favorite for best actress? best actor is jessica chastain. >> i think it's still a tossup between jessica lawrence and jessica chastain. only five nominations and a

stronger showing by silver likes with eight could really tip this toward jennifer lawrence. >> and once again it shows that best picture and best director don't always go hand in hand because best picture argo was nominated. best director was not. does that surprise you? >> no because best picture, we've got between 5 and 10 slots, right, so they've given us nine nominees but really you're not going to have the best picture. so all the directors have been nominated. >> are you surprised by django? >> aim surprised. no i'm not surprised by django in there. >> best director. >> he's not in for best director. >> who is the likely favorite for best supporting actress? >> it's probably an hathaway. >> and best supporting actor? >> best supporter actor, tommy lee jones is sort of the favorite, you know lincoln become ahead in the count of nominations. he's certainly going to have a lot of momentum.

i think there's some feeling that maybe robert de niro. >> i was going to say competing with robert de niro. >> yeah. he hasn't been nominated in 20 years or so. >> is there a theme heresome? >> i think the theme is really some of these controversies really beat up movies. >> you know what i love is an 85-year-old and 9-year-old got nominated for best actor. >> how great is that? i hope people go out and see these movies. that's a great lift. right back.

i watched all those nominations, having seen most of those movies, it's really a wide and diverse group of movies and stars saying a lot about the quality of motion pictures today. >> it wasn't predictable.

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>> your realtime captioner: linda marie macdonald good morning, everyone. 8:55 your time. i'm frank mallicoat with cbs 5 headlines on this thursday. a big traffic mess in vallejo after a fiery crash off the freeway there. the california highway patrol says a big rig crashed through a guardrail on highway 37 landing on highway 29 below. officers say another vehicle was involved in that crash and both drivers have been transported to the hospital. >> and castro valley man is due in court on drug charges today after being arrested after a probation check turned up 34 pounds of marijuana and this guy on top of it, an alligator guarding it. some expensive vandalism at san jose city hall. somebody threw rocks and some bottles at windows and caused $12,000 in damage. they don't have any suspects right now. >> here's elizabeth with your forecast with a little bit of snow in the bay area.

>> news crews took some video, looks like a dusting over the santa cruz mountains. most of us are waking up to this live look over san jose. blue skies partly to mostly cloudy by this afternoon. but it is going to be chilly. so let's look at our hi-def doppler. still tracking a few light rain showers mainly along the coast but definitely losing power here as the morning continues to get under way. by this afternoon, upper 40s to low 50s. that's as warm as we'll get around the bay area. so definitely cool. we already had the freeze warnings and frost advisories in effect overnight tonight and dry weather is forecasted friday through early next week. that's a check of your weather. "timesaver traffic" is coming up next. ever since mom and dad have been working with viva, people have been daring them to clean up tough messes. my fans think a paper towel can't handle this. that is tough when wet. (peggy) grab viva, and break the rules on all

your tough messes.

good morning. chp on the scene of a big rig fire. westbound 37 at sonoma boulevard highway 29 lanes shut down there working to clear this. it's a big rig that went down the embankment. there's not a lot of activity there. the 80 connectors over to 37 are also blocked. the main lines of 80 are open. so again avoid the area if you can until they get this wrapped up. chp is saying at least 9:30 to when those lanes will be reopened so westbound 37 at highway 29 closed. westbound 4 at port chicago we have a traffic alert couple of cars involved and a bus in this accident. all lanes shut down until further notice until they clear this. a backup to pittsburg. an accident west 580 at 98.

>> rachael: today...be gentle. our first-ever virgin show. >> one note, this is you, right? please do not adjust it for your daughter. >> rachael: nate berkus is helping three homeowners with their first time. >> the more homey your home will feel. >> rachael: i love that that is a great tip. don't you love that? then let me make this clear, you do not need to be an actual virgin to participate in the diet. what is key to lose weight? lose seven pounds in seven days. the virgin diet can help you go all the way. stand up and show everybody what you look like. [cheers and applause] >> rachael: welcome, everybody, welcome. of course we